The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-28
The House in No Hurry to Dispose OF
the Dispute About the Fisheries.
A Prominent Canadian Paper Tells Why Can
ada Will Necessarily Be Worsted in the
Contest-General Washington News.
THE TELEPHONE SUIT.
Day Of Interest in the Supreme Court-A
Narraw Escane tor the ISell Comnanx.


hearing in the argument in the telephone cases.
for it was understood that Mr.. Hill, for the
Overland and Peoples companies, would present
the charges Of fraud in the procurement of the
Bell patent He began by asserting that Prof
Bell had changed the specifications of his patent
while his application was pending. He was pro-
ceeding to explain why these changes were
made, and why, in lis judgment, they amounted
to fraud when he was interrupted by Justice
Miller, who inquired whether it was not the Gus
tom of inventors to change the specifications
while the application was pending. As he un-
derstood it. inventors in such cases always
tried to improve their specifications,
and make them as perfect as pos
sible, before the application was
acted upon. Mr.. Hill replied that up to certain
limits that was true, but not after the specifca-
lions had been definitely fixed and sworn to.
He then proceeded to argue that the changes al
legged in this case had been made after proof.
Bell had surreptitiously obtained knowledge of
the contents Of caveat filed by Prof. Elisha
Gray, and that the changes were intended to in
clude in his Professor Bellsl patent inventions
which he himself had not made, but which he
had wrongfully appropriated from the caveat of
again interrupted by Justice Miller, who in
ouired, "Do understand that you propose to
set up fraud defense in this cause, and TO
attack the patent on that groundT
Mr.. Hill-We do not plead fraud as defense;
but this is court of equity, and when the COM
plainants come here and ask for equity they
must do equity-they must come with clean
hands.
Justice Miiler-It has been repeatedly held
that patent cannot be attacked for fraud in
this court unless there has been a separate and
valid proceeding upon that ground in the courts
below-a proceeding in which the issue Of fraud
has been distinctly made
Mr.. Hill replied that il the court refused to
hear allegations of fraud, he would, OF course,
proceed no further with this part of his argu-
ment
Mr.. Justice Harlan then said that, speaking for
himself, he thought counsel should be allowed
to proceed with his argument in the manner in
which he had planned it.
Mr.. Justice Bradley agreed with this view of
the case, but said that if the argument should
be found to raise questions which it was not
proper for the court to consider at this time. it
would be disregarded. He was in favor of al
lowing Mr.. Hill to proceed.
Mr.. Hill then resumed his arguments He
maintained first, that in February, 1876, after
patant. he surreptitiously obtained, through Ex-
amner Wilburs room in the Patent Office in
formation with regard to the contents of cavea:
FLED by Prot. Elisha Gray to protect tele-
phonlc process invented by him; that Professor
Bell availed himself Of the knowledge thus OBJ
tanned to amend and widen his own specifications
SO as to include many of the features OF Prof.
Gray's invention. That between Feb IA and 19,
sequence Of guilty knowledge which they
had of the contents of Gray's caveat, bodily
interpolated an important invention and a claim
therefor into Bells specifications. AS proof of
such fraudulent Interpolation, Mr. Hill referred
to two documents, one copy of Professor
Bells specifications, which was given in JAN
uary, 1876 to George Brown, to be taken to
England, for the purpose of obtaining n patent
there and the other q certified copy of the IN
| terlined and interpolated specifications which
had, at one time, been on file in the Patent
Office, but which he said, Professor Bell or his
attorney. by collusion with the employees of the
| Patent Office. had subsequently removed and
destroyed to conceal the fraudulent interpola
tions. substituting therefor a clean copy, in
which the interlineations had been incorporated.
He maintained that the George Brown
copy of the specifications was the
6led; that the certified copy
] of the specifications obtained from the Patent
| Office in 1879 and used exhibit in tho
Dowd case showing. as it did, thirty nine alter
ations ana interlineations, was the next step in
| the fraud, ard that such fraud had been con-
| summated by the abstraction of this interpo-
lated and interlined copy from the files of the
/ Patent Office and the substitution for it Of a
| clean copy, sometime between 1879, when the
transcript used in the powd case was made. and
| 1885, When it was discovered that this transcript
| had disappeared, and clean copy, purporting to
| De the original, had been put in its place.
| Mr.. Storrow replied for the American Bell Tel
| eph.1e Company, and in defense Of Professor
Bell. He devoted himself. first, to at
/ tempt to show that such changes as
had been made in Professor Bells spec
had been sent to England, were changes
which he had perfect legal right to make; that
they were made in due time. and that they had
no relation whatever to the Gray caveat, but
were the results of Professor Bells Independent,
| thinking. He then took up the subject of the
Bells specifications, which Mr. Hill alleged had
been obtained in its present shape from the Pat
ent Office in 1879, and upon which the charges
of fraud had been mainly based. Mr.. Storrow
said he could explain to the court, in a very
few words, the origin of the so-called changes
ment, upon the strength of which Prof. Bell had
been charged with bribery and perjury and falsi
fcation. "When." said MIR. Storrow, II was
| preparing for the argument In the Dowd case
which was pending in the United States Circui
Court for the District of Massachusetts,, il became
necessary for me to prepare specifications con
tanned in Prof. Bells application for patent
with the specifications sent to England b;
George Brown, for the purpose of obtaining
| patent in that country, l cent to the Paten
Office and obtained certified copy of the Bell'
| specifications in the form in which they theI
were made and ALWAYS have been on file there
l began comparing this certified copy with th,
George Brown specifications, and for my owl
convenience noted down and interlined in pen
ell on tho certified copy the variations from i